APHC010536342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27689 OF 2025 Between: Thirumala Cabs, Represented by Sri M. Sunil Kumar, S/o. Devendar Reddy, Occ Business, R/o. A- Sector, Near Helipad Road, NLG, PO/ PS Naharlagun, Papumpare, Arunachal Pradesh -791110. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Transport Roads and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal, Amaravathi, Guntur District 2. The Deputy Transport Commissioner, Regional Transport Authority, Vijayawada, NTR District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Vijayawada, NTR District Pradesh State Andhra ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2'"'^ respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR025663 seized on 17.05.2025 by issuing Challan , No. AP204378250517054815 demanding tax and fine of Rs. 3,93,000/- and also compounding fees of Rs. 20,000 as illegal, arbitrary and contrary to law and consequently direct the 2'’'^ respondent to release the vehicle of the petitioner forthwith. lA NO: 1 OF 2025 • H Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"'^ respondent to release the vehicle of the Petitioner’s bearing No. AR025663 seized 17.05.2025 AP204378250517054815 seized by the 3 petitioner pending disposal of the above writ petition. on by issuing Challan No. rd respondent forthwith to the Counsel for the Petitioner: SRI B. SIVARAMAKRISHNAIAH Counsel for the Respondent Nos.1 to 3: GP FOR TRANSPORT The Court made the followir>^ APHC010536342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] iH WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27689/2025 Between: 1.THIRUMALA CABS, REPRESENTED BY SRI M. SUNIL KUMAR, S/0. DEVENDAR REDDY, OCC BUSINESS, R/0. A- SECTOR, NEAR HELIPAD ROAD, NLG, POI PS NAHARLAGUN, PAPUMPARE, ARUNACHAL PRADESH-791110. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY. TRANSPORT ROADS AND BUILDINGS DEPARTMENT SECRETARIAT BUILDINGS, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT A.P. DEPUTY TRANSPORT COMMISSIONER, REGIONAL VIJAYAWADA, NTR DISTRICT, 2.THE TRANSPORT AUTHORITY, ANDHRA PRADESH STATE 3.THE MOTOR VEHICLES INSPECTOR, VIJAYAWADA, NTR DISTRICT ANDHRA PRADESH STATE ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2ND respondent in insisting to pay the tax and penalty as the condition for release of the vehicle of the Petitioners bearing No. AR025663 seized on 17.05.2025 by issuing 2 '^x ^"d fine of Rs 3,93,000/- and also compounding fees of Rs. 20,000 as illegal, arbitrary and contrary to law and consequently direct the 2ND respondent to release the vehic e of the petifioner forthwith and pass such other order or orders as this Honbie court may deem fit and proper in the circumstances of the case. lA NO: 1 OF 9n9^ Petition under Section 151 CPC in the affidavit filed in praying that in the circumstances stated support of the petition, the High Court mav be olea^PH bS No AR025663° °f‘^e Petitioner's rP2M37825ot 7nnT«i e 17.05.2025 by issuing Challan P204378250517054815 seized by the 3RD respondent forthwith petitioner pending disposal of the above writ petition and pass No. to the Counsel for the Petitioner: 1.B SIVARAMAKRISHNAIAH Counsel for the Respondent(S): 1.GP FOR TRANSPORT The Court made the following: M 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27689/2025 ORDER: Heard learned counsel for the petitioner and the learned Government Pleader for Transport and perused the material available on record. Having heard the respective counsels and upon perusal of the material available on record, it is an admitted fact that the petitioner is plying the vehicle without having valid tax payment and without permit, as such the 3'^'^ respondent seized the vehicle on 17.05.2025. However, considering the facts and circumstances of the case and in the light of the law laid down by the Division Bench of this Court in a decision reported in Saleem Tours and Travels vs. Joint Transport Commissioner and Secretary^ in our considered opinion, it is appropriate and reasonable to direct the respondent authorities to release the seized vehicle in favor of the petitioner on imposing certain condition, to protect the interest of the respondents, pending the enquiry. Accordingly, the writ petition is disposed of with the following 2) 3) 4) directions; (i) The respondents shall release the vehicle bearing No.AR025663 seized on 17.05.2025 to the petitioner on condition of paying 50% of the tax along with compound fees as on today and on producing demand draft or receipt acknowledging the payment. 2000(4) ALD 501 = 2000 (4) ALT 468 Ik (ii) The petitioner shall submit subject vehicle will be produced undertaking to the effect that the an as and when required for enquiry and that the same would not be alienated pending enquiry. (iii) If the petitioner intent valid documents/permissions from to ply the vehicle, the petitioner shall obtain the respondent authorities. 5) There shall be no order as to costs. As a sequel, miscellaneous petitions. iTany pending, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Transport Roads State of Andhra Pradesh, Amaravathi, Guntur District 2. The Deputy Transport Commissioner, r Vijayawada, NTR District, Andhra Pradesh State 3. The Motor Vehicles Inspector, Pradesh State and Buildings Department, A.P. Secretariat Buildings, Thullur Mandal Regional Transport Authority Vijayawada, NTR District Andhra 4. One CC to Sri B. Sivaramakrishnaiah Advocate [OPUCj 5. TwoCCsto GP for Transport, High Court of Andhra 6. Two CD Copies. Pradesh [OUT] ssb HIGH COURT DATED:08/10/2025 ORDER WP No. 27689 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS